/ Menü
The following general terms and conditions apply to all orders to VINATI, even if they are not expressly included in subsequent orders. Any conflicting general terms and conditions of the client will not become part of the contract.
2.1. Any use, including excerpts, of work and services (presentation) presented or handed over before the contract, be they protected by copyright or not, requires prior approval. The same applies to use in a modified or edited form and to the use of the ideas on which the work and services are based, provided these have not been reflected in the client’s previous advertising material. The agreement on a presentation fee does not constitute consent to the use of the work and services. VINATI reserves the right of ownership and copyrights to all documents provided to the customer in connection with the placing of the order, such as drawings, concepts, etc.
2.2. These documents/data may not be made accessible to third parties unless VINATI gives the (future) customer its express written consent. If an order does not come about, these documents must be returned immediately.
3.1. Minutes of meetings sent by VINATI are binding if the customer does not object immediately uponreceipt.3.2. Templates, files and other work materials (e.g. negatives, models, original illustrations, etc.) that VINATI creates or has created in order to provide the service owed under the contract remain the property of VINATI until full payment has been made.
4.1. All print documents produced by VINATI for the customer will be properly stored without separate remuneration for a period of one year, starting with the completion, i.e. billing, of the relevant development or communication measure and, if requested, given to the customer once in the present form during this time handed out. VINATI does not owe any further electronic provision/storage. Unless expressly agreed otherwise, VINATI is not obliged to provide ‘open data’. If open data is requested from the customer after the order has been processed, VINATI will offer this for a reasonable processing effort and reasonable remuneration for the added value. This added value is based on the original order volume and requires a separate agreement.
4.2. After the retention period has expired or the cooperation/contract has ended before the retention period has expired, the print documents will be handed over to the customer at his request, otherwise they will be destroyed. The effort that VINATI incurs for compiling the data, sending it and packaging it, will be reimbursed by the customer. Aspects of legal use are not affected by the publication of the print documents.
4.3. The tools required by VINATI to create the printing documents, such as manuscripts, sketches, drafts, layout files and other documents, are not given to the customer and can be destroyed at any time. This also applies to all documents of unrealized advertising measures.
5.1. VINATI is entitled to carry out assigned work itself or to commission third parties to do so. VINATI is entitled to place orders for production (e.g. print order), in the creation of which REICHERT MARKETINGDESIGN is contractually involved, in the name and for the account of the customer. The customer hereby expressly grants the corresponding power of attorney. In this case, VINATI assumes no liability towards the customer – and is only responsible for the proper organization of production. If VINATI is commissioned to handle the production directly, payment in advance can be requested accordingly and the placing of the production order can be made dependent on its provision.
5.2. VINATI issues orders to advertising media – unless otherwise agreed, in its own name and for its own account. If volume discounts or volume scales are used, the customer will receive an additional charge if the discount or scale requirements are not met, which is due immediately. VINATI is not liable for poor performance of the advertising media. Any agency discount remains with VINATI.
6.1. VINATI’s delivery obligations are fulfilled as soon as the work and services have been dispatched. Therisk of transmission (e.g. damage, loss, delay), regardless of the medium used, is borne by the customer.6.2. Delivery periods are only binding if the customer has duly fulfilled any obligations to cooperate (e.g. procurement of documents, approvals). Fixed transactions are to be expressly agreed as such.
6.3. Templates and drafts made available by VINATI are only binding in terms of color, image or sound design if their corresponding realization possibility has been confirmed in writing by VINATI.
6.4. Name, trademark, competition and copyright reviews are only the task of REICHERT MARKETINGDESIGN if this has been expressly agreed. Liability for the legal innocuousness in this regard is excluded; in particular, VINATI is not obliged to have drafts legally checked beforehand; this only happens on special order from the customer at his expense.
7.1. Upon settlement of all invoices relating to the order, VINATI will transfer to the customer all rights of use required for the use of the work and services to the extent agreed for the order or resulting from the circumstances of the order that are apparent to us. Unless otherwise agreed, VINATI grants a non- exclusive, one-time right of use to process/implement the order in the territory of the Federal Republic of Germany for the duration of the advertising material. Any use beyond this, in particular processing or transfer to other media, requires the prior consent of VINATI. The customer is only entitled to pass on or license the rights of use granted with the consent of VINATI. The granting of the right of use is subject to the condition precedent that the order has been paid in full.
7.2. The same applies to the granting of the scope of technical usage options; this is limited by the scope of the order, which is why, unless otherwise agreed, VINATI is not responsible for the delivery of open files.
7.3. If third parties are used to fulfill the contract, VINATI will acquire the rights of use (e.g. image rights) within the scope of Section 7.1 and transfer them to the customer accordingly. Unless otherwise agreed, the customer must bear the costs for this separately.
7.4. If the customer has to provide templates, logos, graphics or images, he must make them available to third parties free of rights (e.g. approval of employees on illustration in company brochure).
8.1. Unless otherwise agreed, the purchase price is to be paid within 14 days of delivery. Default interest will be charged at 8% above the respective base interest rate p.a. The assertion of a higher damage caused by default remains reserved.
8.2. Unless a fixed price agreement has been made, we reserve the right to make reasonable price changes due to changes in wage, material and distribution costs for deliveries made 3 months or later after the conclusion of the contract.
8.3. VINATI is liable in the event of a delay in delivery that was not caused intentionally or through gross negligence for each completed week of delay within the framework of a flat-rate compensation for delay in the amount of 3% of the delivery value, but no more than 15% of the delivery value. Further legal claims and rights of the customer due to a delay in delivery remain unaffected.
9.1. The customer must check the work and services delivered by VINATI immediately upon receipt, but in any case before further processing, and report defects immediately after discovery. If there is no immediate inspection or notification of defects, the customer has no claims. Once the customer has given the print approval, VINATI is released from any responsibility for the documents submitted; the same applies if the customer has corrections made directly after approval has been granted.
9.2. If there are defects, VINATI has the right to rectify the defect twice within a reasonable period of time.
9.3. Claims for damages of any kind are excluded if VINATI, its legal representatives or vicarious agents have acted with slight negligence. This does not apply to breaches of essential contractual intentions. In this case, liability is limited to typical and foreseeable damage. VINATI is liable to entrepreneurs for claims for damages of any kind, nor in the case of grossly negligent violation of non-essential contractual intentions by vicarious agents. Claims for damages of any kind against entrepreneurs are limited to compensation for typical and foreseeable damage.
10.1. The customer only has the right to offset if his counterclaims have been legally established or are undisputed. The customer is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
11.1. VINATI is permitted to use its work results or excerpts thereof for the purpose of self-promotion (evenafter the end of the contract period) free of charge.11.2. VINATI retains the right to name or identify the author. VINATI is entitled to place its name, logo or other customary commercial designations on the customer’s advertising material discreetly and after consultation with the customer in such a way that VINATI intends to make use of the right.
12.1. 1 If the customer is a merchant, the court responsible for VINATI’s registered office is agreed as theplace of jurisdiction for all disputes.12.2. Subsidiary agreements must be in writing to be effective; this also applies to the waiver of the written form requirement.
12.3. German substantive and procedural law applies. 12.4 The place of fulfillment is the registered office of VINATI.
Winnenden, April 2022